Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88909678 BEYOND KERATIN(Standard Characters, see http://uspto.report/TM/88909678/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetic ingredients sold as a component in hair care preparations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Cosmetic ingredients sold as a component in hair care preparations; Cosmetic ingredients including keratin sold as a component in hair care preparationsClass 003 for Cosmetic ingredients including keratin sold as a component in hair care preparations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use KERATIN apart from the mark as shown.


Miscellaneous Statement
In response to the Examining Attorney's request for information, the goods that Applicant intends to offer under the mark BEYOND KERATIN will contain Keratin.

Correspondence Information (current):
      CARRIE A. SHUFFLEBARGER
      PRIMARY EMAIL FOR CORRESPONDENCE: IPdocket@thompsonhine.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dawn.schneider@thompsonhine.com; carrie.shufflebarger@thompsonhine.com

The docket/reference number is 101735.8.
Correspondence Information (proposed):
      Carrie A. Shufflebarger
      PRIMARY EMAIL FOR CORRESPONDENCE: IPdocket@thompsonhine.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dawn.schneider@thompsonhine.com; carrie.shufflebarger@thompsonhine.com

The docket/reference number is 101735.8.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /cas/     Date: 05/29/2020
Signatory's Name: Carrie A. Shufflebarger
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 513.352.6678

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    CARRIE A. SHUFFLEBARGER
   THOMPSON HINE LLP
   
   312 WALNUT STREET, SUITE 1400
   CINCINNATI, Ohio 45202
Mailing Address:    Carrie A. Shufflebarger
   THOMPSON HINE LLP
   312 WALNUT STREET, SUITE 1400
   CINCINNATI, Ohio 45202
        
Serial Number: 88909678
Internet Transmission Date: Fri May 29 11:24:06 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXX:XXXX:X
XXX:XXX-20200529112406339833-88909678-71
0e0ae2ae6ec4a3c47b5a484316eff9704c97fe5a
51c404c3a467f6d6995b8f9-N/A-N/A-20200529
111808358673